Eat the Ball is a new bread concept. This concept, as we read on the website of the creators, was born from the fact that there were no bread brands. Flavors yes but no brands, according to this company. This company researched this concept during 5 years, however, in spite of this research it did not found a well-known bread brand in the Netherlands: Waldkorn®. Nevertheless, Eat the ball are doing things differently and it launches a bread line which certainly stands out: the bread is in the shape of a football, a world, a rugby ball, etc. We do foresee some problems while making a sandwich but it is very distinctive. And because it is distinctive, the 3D trademark is accepted by the EUIPO. Well done, as 3D marks usually have problems getting accepted. These marks have to stand out: they have to differ significantly from what already exists. Especially in respect of day to day products, the shape has to be special. Eat the ball is a nice example of the growing importance of distinctive design. A good trademark is not sufficient anymore to gain attention, design is equally important! As is the protection of the design of course.
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